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(영문) 서울중앙지방법원 2019.08.29 2019고단3289
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 14, 2019, the Defendant violated the Automobile Management Act: (a) removed a two-wheeled automobile number plate of CT100E 97.1C two-wheeled automobile number plate owned by the Defendant; and (b) attached YV2505 248c, a two-wheeled automobile number plate of CT10E 97.1C two-wheeled automobile number plate.

Accordingly, the defendant used a two-wheeled automobile number plate which is a symbol of public office for the purpose of exercising.

2. On May 14, 2019, the Defendant of the illegal-use air defense event operated a two-wheeled vehicle from the front of Yongsan-gu Seoul Metropolitan Government to approximately 4.7 km from the front of Yongsan-gu to the front of the Seoul Jongno-gu D apartment E-dong road, which attached the two-wheeled automobile number plate, air defense, as prescribed in paragraph (1).

Accordingly, the defendant exercised a two-wheeled automobile number plate, which is the symbol of the public office that was unlawfully used.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled automobile of the YV2505 248cc.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, around May 14, 2019, the Defendant operated the two-wheeled Automobile, which was not covered by the mandatory motor vehicle insurance from the front of Yongsan-gu Seoul Metropolitan Government D apartment E-dong to the front of the Seoul Jongno-gu D apartment E-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes of mandatory insurance policy;

1. Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 238 (1) of the Criminal Act, subparagraph 2 of Article 78 and Article 71 (1) of the Automobile Management Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a violation of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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